A victim or anybody else may file a report with the police regarding acts of domestic violence and criminal proceedings shall be commenced and conducted in accordance with the Criminal Procedure Code.
Commencement of proceedings
In most cases, it is the obligation of the police to commence criminal proceedings when they have been notified about a crime, even if the victim has not submitted an application.
Appeal
Where a prosecutor refuses to commence criminal proceedings (it must be a decision in written form and the prosecutor must inform the applicant), a victim has the right to appeal this decision to the superior prosecutor A prosecutor must examine the complaint and may fully or partially revoke or amend the appealed decision. The decision of the public prosecutor, by which the complaint is refused or satisfied, may be subject to appeal before the appellate prosecutor and their decision can be appealed before the General prosecutor. If a victim believes that her or his human rights have been violated by this decision, they have the opportunity to submit a claim to the European Court of Human Rights. The termination of an open case can be appealed before the district court which decision can be appealed before the regional court. The prosecutor’s decree for braking the investigation can be appealed before the district court which decision is final. All prosecutor’s decisions which have not been appealed in court may be appealed before the superior prosecutor.
Vulnerable victims
Victims of domestic violence are recognized as victims with specific needs. "Specific protection needs" within the meaning of the Criminal Procedure Code are present when additional means of protection against secondary and re-victimization, intimidation and revenge, emotional or mental suffering, including the preservation of the dignity of victims during interrogation, are required.
In addition to the basic rights of victims in criminal proceedings, victims with specific needs are entitled:
- to obtain information on the arrested or convicted person’s release or escape from imprisonment or detention
- to testify in court under measures to avoid contact with the accused, including by videoconference or telephone conferenceTo testify in present of psychologist or parent – if the victim is a child
- to testify in court only if the testimony given during the investigation can not be read or the new interrogation is crucial to uncovering the truth. The new interrogation shall be conducted while taking measures to avoid contact with the defendant, including in specially equipped premises
Victims are offered appropriate measures to protect them during criminal proceedings. To ensure a victim’s safety, the law enforcement officials directing the criminal proceedings may apply a security measure prohibiting the perpetrator from approaching the victim or a specific location.